Istook Amendment to Require Filtering
Software in Schools and Libraries

[Discussion Draft]

105th Congress 2d Session

IN THE HOUSE OF REPRESENTATIVES

Mr. Istook introduced the following bill; which was
referred to the committee on __________________

A BILL

To require public schools and libraries that receive Federal funds
for the acquisition or operation of computers to install software to
protect children from obscenity.

Be it enacted by the Senate and the House of Representatives of
the United States of America in Congress assembled,

Section 1. Short Title

This act may be cited as the "Child Protection Act of 1998".

Sec. 2. Computer Software Required.

(a) Installation Required. -- Any elementary or secondary school
or public library that has received under any program or activity of
any Federal agency any funds for the acquisition or operation of any
computer that is accessible to minors and that has access to the
Internet shall --

(1) install software on that computer that is
determined (in accordance with subsection (b)) to be adequately
designed to prevent minors from obtaining access to any obscene
information using that computer; and

(2) ensure that such software is operational whenever that
computer is used by minors, except that such software's operation may
be temporarily interrupted to permit a minor to have access to
information that is not obscene or otherwise unprotected by the
Constitution under the direct supervision of an adult designated by
such school or library.

(b) Determination of Adequate Design. -- For any elementary or
secondary school or public library within the jurisdiction of any
State, the determinations required for purposes of subsection (a)(1)
shall be made by an agency or official designated by the chief
executive officer of such State. For any elementary or secondary
school or public library that is not within the jurisdiction of any
State, the determinations required for purposes of subsection (a)(1)
shall be made by the Secretary of Education.

(c) Consequences of Violations. --

(1) Use of general education provisions act remedies.
-- Whenever the head of any Federal agency has reason to believe that
any recipient of funds under any program or activity is failing to
comply substantially with the requirements of subsection (a), the
head of such agency may --

(A) withhold further payments under that program or
activity,

(B) issue a complaint to compel compliance through a cease and
desist order, or

(C) enter into a compliance agreement with a recipient to bring it
into compliance,

in same manner as the Secretary of Education is authorized to take
such actions under sections 455, 456, and 457, respectively, of the
General Education Provisions Act (20 U.S.C. 1234d).

(2) Recovery of Funds Prohibited. -- The actions authorized by
paragraph (1) are the exclusive remedies available with respect to a
violation of subsection (a), and the head of any Federal agency shall
not seek a recovery of funds from the recipient.

(d) Definitions. -- For purposes of this section:

(1) Elementary or Secondary School. -- The term
"elementary or secondary school" means an elementary or a secondary
school such as terms are defined in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801)

(2) Public Library. -- The term "public library" means has the
meaning given the term "library" by section 213 of the Library
Services and Technology Act (20 U.S.C. 9122).

(3) Computer. -- The term "computer" includes any hardware,
software, or other technology attached or connected to, installed in,
or otherwise used in connection with a computer.

(4) Access to Internet. -- A computer shall be considered to have
access to the Internet if such computer is equipped with a modem or
is connected to a computer network which has access to the Internet.

(5) Acquisition or Operation. -- A elementary or secondary school
or public library shall be considered to have received under a
program or activity of any Federal agency any funds for the
acquisition or operation of any computer if such funds are used in
any manner, directly or indirectly --

(A) to purchase, lease, or otherwise acquire or obtain
the use of such computer, or

(B) to obtain services, supplies, software, or other actions or
materials to support, or in connection with, the operation of such
computer.

(6) Federal Agency. -- The term "Federal agency" has the meaning
given the term 'agency' by section 551(1) of title 5, United States
Code.

(7) State. -- The term "State" means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.